Gaza First Amendment Alert

Trump’s executive orders, detention of journalists, campus free speech fights, ICC sanctions update.

Attacks on First Amendment Continue as Fragile Ceasefire Holds When we last went to press, a ceasefire between Israel and Hamas had just been announced. Since then, Israel and Hamas have begun initial exchanges of captives. Hundreds of thousands of displaced Palestinians have returned to northern Gaza. In many cases, they return to find their homes destroyed by the Israeli bombardment. But this return is particularly significant, as since the Nakba, Palestinians have repeatedly been expelled en masse from their homes. This marks the first time they have been able to return.

There still remain significant questions about whether the ceasefire will hold. Israel has repeatedly violated the agreement, killing 80 Palestinians. And an ever bigger question looms about what happens when it expires. Israeli Prime Minister Benjamin Netanyahu has announced Israel not only reserves the right to resume the war, but that it has the US’s backing in doing so. 

While Trump may have been, unlike Biden, willing to place pressure on the Israeli government to reach a temporary ceasefire, Trump is hardly a peacenik. Trump has removed a hold on the shipment of 2,000 pound bombs to Israel. Trump is also floating the complete ethnic cleansing of Gaza, suggesting the situation could be solved if Gaza was “cleaned out” and 1.5 million Palestinians were transferred to Egypt or Jordan. 

As reported on in the November 27, 2024 edition of Gaza First Amendment Alert, many of Trump’s picks back support Israel illegally annexing the occupied West Bank. Just days after the Gaza ceasefire went into effect, Israel invaded Jenin in the occupied West Bank. 

And, as documented below, the attacks on the First Amendment rights of Palestinian solidarity activists continue.

Trump Executive Orders Take on Palestine Solidarity Activism

Since resuming the presidency on January 20, 2025, Donald Trump has issued two Executive Orders with implications for Palestinian rights protesters. On his first day in office, Trump issued an executive order on “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” The order calls for a list of countries with what the Trump Administration believes are inadequate vetting procedures to be established so that the US can possibly ban entry to nationals from those countries. It also calls for a review of those individuals admitted into the United States during the Biden Administration and gather information on their activities since being here. 

The order singled out foreign nationals who “advocate for, aid, or support designated foreign terrorists and other threats to our national security.” Supporters of Israel’s war on Gaza have tried to equate any criticism of Israel or support for the Palestians with supporting Hamas. Given this, critics feared the order not only could revive Trump’s infamous Travel Ban, but potentially to both exclude and deport individuals for pro-Palestinian beliefs. 

On January 29, Trump signed an order for “Additional Measures to Combat Anti-Semitism.” The order makes it US policy “to combat anti-Semitism vigorously, using all available and appropriate legal tools, to prosecute, remove, or otherwise hold to account the perpetrators of unlawful anti-Semitic harassment and violence.” It also requires the Attorney General and Secretary of State to submit reports on antisemitism on college campuses on “post-October 7, 2023, campus antisemitism.”

Given supporters of Israel’s war equation of criticism of the war or support for Palestinian rights with supporting Hamas or “anti-Semitism,” and the order’s language about “post- October 7, 2023 campus anti-Semitism” it is clearly designed to attack pro-ceasefire protesters.

The executive order was signed as part of Trump’s pledge to cancel the visas of student protesters. Already, self-appointed anti-Palestinian and anti-First Amendment vigilantes are seeking to aid the Trump administration.  

As reported in the December 11, 2024 edition of the Gaza First Amendment Watch, Betar US is using facial recognition to identify student protesters for the Trump administration to deport. They have now boasted of sending the names of 100 students and 20 faculty on visas to DHS, ICE, DOJ, and the Trump White House in the hopes they will have their visas cancelled. 

Harvard Adopts Controversial Antisemitism Definition

Harvard University has settled lawsuits by Students Against Antisemitism and the Brandeis Center for Human Rights Under Law and Jewish Americans for Fairness in Education that equated pro-Palestine student protests with antisemitic incidents in violation of federal civil rights law. As part of the settlement, Harvard will adopt the International Holocaust Remembrance Alliance definition of antisemitism. This definition has been criticized by free speech groups as improperly conflating criticism of Israel with antisemitism. Harvard has also amended its anti-discrimination policy to prohibit discrimination on the basis of “political views.” 

Palestinian-American Journalist Detained, Deported from Switzerland 

Palestinian-American journalist Ali Abunimah was detained and deported from Switzerland. Abunimah is the co-founder of the independent, nonprofit news outlet Electronic Intifada. He had been invited to Switzerland to give a talk. Upon arriving in the country, Abunimah was questioned at the airport, but permitted entry. The next day when on his way to a teach-in, he was “abducted” off the street by plain clothes officers and held in detention for three days.

During his detention, he was denied contact with his family. Abunimah was interrogated by police in the presence of counsel. Swiss defense ministry intelligence agents also tried to question Abunimah without his counsel present. Although Abunimah was accused of “offending against Swiss law,” he was never formally charged. Neither he nor his counsel were even told what charge the journalist was accused of offending against. 

Two United Nations human rights experts, Special Rapporteur on freedom of opinion and expression Irene Khan and Special Rapporteur on human rights in the occupied territories Francesca Albanese, have called for investigations into what happened to Abunimah. 

Last year, UK officials, citing anti-terrorism legislation, raided the home and seized the electronic of another Electronic Intifada journalist, Asa Winstanley. 

 University of New Hampshire Working Group: Arrests Violated Free Speech Rights 

The President’s Working Group on Free Speech and Expression Policies and Communication at the University of New Hampshire has concluded that police responses to pro-Palestinian protests on campus likely resulted in violations of free speech rights. Campus police arrested ten student protesters.   

Free Speech Group Cites Anti-SLAPP Law, Urging Dismissal of Suit Filed Against Columbia Faculty Union 

The American Civil Liberties Union has filed a motion asking a court to dismiss a lawsuit against the Columbia University chapter of the American Association of the University Professors (AAUP). The lawsuit cites the AAUP speech in support of student free speech rights during pro-Palestine protests, and argues that the AAUP’s actions somehow make them responsible for the administration’s decision to move classes online or cancel graduation.

The suit names additional plaintiffs, including student protesters and Rep. Alexandria Ocasio-Cortez (D-NY). 

Updates:

Sanctions against the International Criminal Court have stalled in the Senate, after moving the bill forward failed to get 60 votes. The vote, however, is not a reflection of opposition to sanctioning the ICC. Senate Minority Leader Chuck Schumer (D-NY) stated he would like to get sanctions passed, but opposed the bill based on its drafting. The main concern is over its impact on US tech companies who provide services to the ICC. 

Under pressure from free expression groups, prosecutors dropped charges against Portland journalist Alissa Azar at the last minute. Azar was charged with trespassing while covering a pro-Palestine protest.